Judicial Proceeding, 14 June 1698, Edinburgh

Decreet, 29 December 1698, Edinburgh

Att Edinburgh the fourtein day of Jwny Jaj vic nyntie eight yeirs

D1698/6/81

Judicial Proceeding

Lybell Andrew Mortoune against Baird called and recomended to Lord Advocat to persew

Anent the Lybell or Letters of complaint raised and persewed befor The Lords of his majesties privie Counsell at the instance of Andrew Mortowne merchand in Edinburgh with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Mentioning That wher Henry Baird merchand in Edinburgh being persewed befor the Lords of our privie Counsell for haveing maried in a clandestine maner Isobell Mortoune doughter to the said Andrew without her fathers knowledge did confess the said Clandestine mariadge which was also verified wnder his hand But refuised to tell who was the celebrator pretending that by Law he was not therto obleidged Albeit it be evident that it is highlie of the said Andrews concerne to know whither his doughter be trwelie maried or not and conseqwently who was the celebrator therof Seing otherwayes he may not only Suffer the prejudice of haveing his doughter clandestinelie taken from him as said is But Likewayes Lye under the hazard and reproach of haveing her detained by the said Henry in a farr more wnjustifieable maner to the disgrace and rwine both of her and her posteritie Soe that albeit the said Henry Baird be convicted upon his own acknowledgement for a clandestine mariage and pretend that he is not bound in Law to discover the celebrator Yet without all qwestione he is obleidged by all Lawes both Divyne and humane aither to Satisfie the said Andrew Mortoun Complainer as to the pretence and title wherupon he detaines his doughter or otherwayes exhibite her to our saids Lords of privie Counsell to be restored to her father the said Complainer By all which it is apparent that the said Henry Baird ought aither to make the foirsaid discoverie or exhibite and restore to the said Complainer his said doughter or otherwise he ought to be pwnished for his contempt in swch maner as the saids Lords of our privie Counsell Shall think fitt and meet And also be decerned to make payment to the said Andrew Mortowne Complainer of Such a Soume of Damnadges for the said wnjust Detentione as our saids Lords Shall modifie to the example and terror of others to committ the lyke in tyme comeing And anent the chairge given to the said defender to have compeared personallie befor the saids Lords of privie Counsell at ane certaine day now bygone to have ansuered to the grounds of the above complaint and to have heard and sein such order and course taken theranent as the saids Lords Should think fitt wnder the paine of rebellione etc As in the principall Lybell or Letters of Complaint and executions therof at more lenth is contained which lybell or Letters of complaint being this day called in presence of The Saids Lords of his majesties privie Cownsell And the said Andrew Mortoune persewar Compeareing personallie with Sir James Stewart his majesties advocat and maister David Dallrumple his Advocats And the said Henry Baird defender compeareing personallie with Mr John Fergwsone and Mr […] Rigg his Advocats The Lybell and ansuers therto being read and both pairties Lawiers being at Lenth fullie heard And the said Henry Baird defender haveing prodwced a testificat wnder the Subscriptione of maister Alexander George Late minister of the gospell at the barronie church of Glasgow wherby he declairs that (2being crediblie informed of the consent of parents he Joined in mariadge the defender and Isobell Mortowne The Lords of his majesties privie Counsell haveing considered the Lybell and ansuers made therto and declaratione produced by the defender of his said mariage They Doe heirby recommend to his Majesties advocat to cause search for sease upon and apprehend the persone of the said Maister Alexander George and to Committ him prisoner untill the saids Lords give order anent him And to prosecute and follow furth a lybell befor them against the said maister Alexander George at his Lordships instance for the said irregwllar marriage with convenient Expeditione

Att Edinburgh the fourtein day of Jwny Jaj vic nyntie eight yeirs

D1698/6/81

Judicial Proceeding

Lybell Andrew Mortoune against Baird called and recomended to Lord Advocat to persew

Anent the Lybell or Letters of complaint raised and persewed befor The Lords of his majesties privie Counsell at the instance of Andrew Mortowne merchand in Edinburgh with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Mentioning That wher Henry Baird merchand in Edinburgh being persewed befor the Lords of our privie Counsell for haveing maried in a clandestine maner Isobell Mortoune doughter to the said Andrew without her fathers knowledge did confess the said Clandestine mariadge which was also verified wnder his hand But refuised to tell who was the celebrator pretending that by Law he was not therto obleidged Albeit it be evident that it is highlie of the said Andrews concerne to know whither his doughter be trwelie maried or not and conseqwently who was the celebrator therof Seing otherwayes he may not only Suffer the prejudice of haveing his doughter clandestinelie taken from him as said is But Likewayes Lye under the hazard and reproach of haveing her detained by the said Henry in a farr more wnjustifieable maner to the disgrace and rwine both of her and her posteritie Soe that albeit the said Henry Baird be convicted upon his own acknowledgement for a clandestine mariage and pretend that he is not bound in Law to discover the celebrator Yet without all qwestione he is obleidged by all Lawes both Divyne and humane aither to Satisfie the said Andrew Mortoun Complainer as to the pretence and title wherupon he detaines his doughter or otherwayes exhibite her to our saids Lords of privie Counsell to be restored to her father the said Complainer By all which it is apparent that the said Henry Baird ought aither to make the foirsaid discoverie or exhibite and restore to the said Complainer his said doughter or otherwise he ought to be pwnished for his contempt in swch maner as the saids Lords of our privie Counsell Shall think fitt and meet And also be decerned to make payment to the said Andrew Mortowne Complainer of Such a Soume of Damnadges for the said wnjust Detentione as our saids Lords Shall modifie to the example and terror of others to committ the lyke in tyme comeing And anent the chairge given to the said defender to have compeared personallie befor the saids Lords of privie Counsell at ane certaine day now bygone to have ansuered to the grounds of the above complaint and to have heard and sein such order and course taken theranent as the saids Lords Should think fitt wnder the paine of rebellione etc As in the principall Lybell or Letters of Complaint and executions therof at more lenth is contained which lybell or Letters of complaint being this day called in presence of The Saids Lords of his majesties privie Cownsell And the said Andrew Mortoune persewar Compeareing personallie with Sir James Stewart his majesties advocat and maister David Dallrumple his Advocats And the said Henry Baird defender compeareing personallie with Mr John Fergwsone and Mr […] Rigg his Advocats The Lybell and ansuers therto being read and both pairties Lawiers being at Lenth fullie heard And the said Henry Baird defender haveing prodwced a testificat wnder the Subscriptione of maister Alexander George Late minister of the gospell at the barronie church of Glasgow wherby he declairs that (2being crediblie informed of the consent of parents he Joined in mariadge the defender and Isobell Mortowne The Lords of his majesties privie Counsell haveing considered the Lybell and ansuers made therto and declaratione produced by the defender of his said mariage They Doe heirby recommend to his Majesties advocat to cause search for sease upon and apprehend the persone of the said Maister Alexander George and to Committ him prisoner untill the saids Lords give order anent him And to prosecute and follow furth a lybell befor them against the said maister Alexander George at his Lordships instance for the said irregwllar marriage with convenient Expeditione

1. NRS, PC2/27, 114v-115v.

2. Closing bracket missing.

1. NRS, PC2/27, 114v-115v.

2. Closing bracket missing.